SOCIAL SECURITY DISABILITY GRID

Some applicants for Social Security benefits (SSI, SSDI, etc.) have severe impairments that may not meet (or be equivalent to) SSA’s entry in the Listing of Impairments (see section on Listings).  In those cases the GRID rules come into play.  Where an applicant has a severe medical condition (physical, mental, or combination of both), cannot endure “substantial, gainful activity (SGA),” and their impairment(s) prevent the applicant from continuing to perform their trade or other, past work, SSA has established a series of rules which can be viewed in a grid format (see link below.)

The GRIDs are set up in a series of categories based on the level of exertion required to perform certain physical tasks, from least to most: sedentary, light, medium, heavy, and very heavy. Individuals who can perform at either the “heavy” or “very heavy” level, and who do not suffer from some severe, non-exertional limitations*, are generally not found disabled. Therefore, individuals in this position will not find a listing in the GRID.   Only those individuals who meet the requirements for “sedentary” through “medium” exertion levels will find listings on the GRID.

 free lawyer attorney evaluation

After Social Security makes a finding on your exertional level they will then look at the corresponding chart and match your age education and past work will direct a finding of disabled or not disabled. If you have exertional (strength) and non-exertional limitations the Social Security Administration will first determine if you can be found disabled based on the exertional limitations by themselves. If the GRIDs direct a finding of not disabled Social Security will then consider any limitations and how much those additional limitations would erode your ability to perform any jobs at that exertional level.

The importance of age, education and past work in your disability claim. Your disability and how it limits you is not the only factor that decides whether you will be approved for ssd or ssi benefits. In general the older you are the better chance you have of getting disability. The theory SSA goes by is that the older you are the harder it is to adjust to new work. If you are 18-49 years old you are considered to be a younger individual. However ss looks at age 45-49 years as a less advantageous factor for making an adjustment to other work than if you are 18-44. If you are 50-54 years old you are considered closely approaching advanced age. If you are 55 or older you are considered by Social Security to be in advanced age. What age category you fall into is very important especially if you have purely exertional limitations from you disability. Exertional limitations basically mean physical limitations such as in you ability to lift, stand, walk etc.. an example of a non-exertional limitation would be difficulty with memory, concentration etc. from a condition like depression. I will explain how this all comes together later. What is important to remember for now is that the older you are the easier it is to get ssd benefits for people with physical conditions.

Education is also an important factor when Social Security decides if you are disabled. Social Security's theory is that the higher your education the easier it is to find other work. Social Security has several categories of education. From least educated to most they are: marginal to none, limited, high school graduate or more (does not provide for direct entry into skilled work), and high school graduate or more (provides for direct entry into skilled work).

* Non-exertional limitations refer to an individual’s ability to meet the non-strength related demands of their work, such as a difficulty completing work due to anxiety or depression.  For more information on non-exertional limitations, contact the Simon Law Group for a free consultation.  

Call today for your free consultation with a NJ Social Security Disability Attorney 800-709-1131

SSDI EGILIABILITY

SOCIAL SECURITY DISABILITY ELIGIBILITY REQUIREMENTS

Social Security Disability (SSD) and SSI Eligibility and Requirements.

This should help you to determine if you qualify or are eligible for Social Security Disability (SSD, SSDI) or Supplemental Security Income (SSI) benefits. You will also find what programs the Social Security Administration has that are available to those who are disabled? You will find information on the various programs from SSANJ Disability Attorneys

After reading this page, you should be better able to judge:

Do I qualify for SSD?  Who qualifies for SSD?

Am I eligible for SSD?  Who is eligible for SSD?

What is SSD?

What is SSDI?

What is SSI?

What are the SSI disability requirements?

How does one know if they have SSI eligibility?

SSDI is it income based?

The SIMON LAW GROUP is an experienced team of Attorneys and Legal Specialists that can help you to fight for your Benefits.  YOU DON’T PAY A THING UNTILL YOUR CASE IS RESOLVED SUCESSFULLY!

 Contact Attorney

Adult and Child SSI and SSD Programs and Requirements

Social Security Disability Insurance has many names. It is also known as Title II benefits, SSD, SSDI, DIB, and just plain Social Security Disability benefits. To be eligible for these benefits the individual must be "insured". To be insured, the individual must have worked long enough and paid Social Security taxes so that they have enough credits. The amount of money one will get per month if they are found disabled is dependent upon how much they paid into the system. It is also significant to know, the date that you are found to meet the definition of disability under Social Security rules must be before your date of last insured. The date of last insured, sometimes just called DLI, is usually five years from when the individual with a consistent work history stopped working.  So as you can see there is both a duration work test and a recent work test to determine if you are eligible. To help you understand the durational and recent works test I have provided more information on the right side of this page.  Benefits are paid to the disabled person and to minor children. They can also sometimes be paid to disabled widows, spouses and surviving divorced spouses which I will discuss later. Those who win their Social Security disability benefits are entitled to Medicare in two years and six months from the date of onset. The date of onset is the date you are found to meet the definition of disability.

What Social Security benefits may I be eligible for?

Supplemental Security Income also has a few names. These include SSI, and Title XVI benefits. To qualify for this program adults must be not only disabled but also have limited income and resources.  What does Social Security mean by limited income? Social Security will consider the following things income: money earned from work, money received from other sources like unemployment benefits, VA benefits, money from friends or relatives, Social Security benefits, workers compensation benefits, and free food and shelter.  What does Social Security mean by limited resources? Resources are things like cash, land, vehicles, personal property, life insurance, bank accounts, stocks, US savings bonds and anything else that can be converted to cash and used for food and shelter. SSI has limits on countable resources. For an individual it is $2000. For a couple it is $3000. To be eligible for SSI benefits you must also be a citizen or national of the United States or a non-citizen who meets the alien eligibility criteria.  Those who qualify for SSI will usually qualify for Medicaid as well.  These benefits are paid out of the general tax revenues and not the Social Security tax revenues.

Child's SSI is a disability program under Title XVI for children under age 18, or under 22 and regularly attending school, and are disabled and the household in which they live has limited income and resources.  Social Security will look at the amount income and resources of the parents living with the child to determine if the child is eligible for these benefits.  This is called deeming and is beyond the discussion of this page.  The best way to find out if your child is eligible is to contact SSA.

Childhood disability benefits, also called disabled adult child benefits are under Title II. It is important not to confuse these benefits with child's SSI benefits as they are completely different. To qualify for childhood disability benefits the person must have been disabled before age 22 and continue to be disabled. They must also have a parent who is on Social Security disability, or retired and collecting Social Security benefits, or a parent must have died and the parent was fully insured when they died. What this all means is that the adult child if they meet the above criteria is entitled to benefits based on the parents work record. Because these are title II benefits the adult child who is disabled is also entitled to Medicare.  To be eligible the disabled individual must also not be married or have been married.

Disabled widow's benefits are also under Title II. A disabled widow can get benefits based on the deceased spouse's earnings record but you must be 50 years or older and the onset of your disability must have been within seven years of your spouse's death.

For more information, call today to speak with a NJ Social Security Disability Attorney for your free consult 800-709-1131

 Contact Attorney

§  SSDI Questions

§  Duration Work Test

§  Applying for Benefits

§  Appeal SSDI Denial

§  5 Step Process to Determine Benefits

§  SSDI Disability Grid

PALIMONY & EMANCIPATION

PALIMONY

Palimony in New Jersey: Post Relationship Support Payments Without A Written Agreement

Though the palimony law was changed two years ago this month; many New Jersey residents have no idea what the change means, or even that it happened. However, if you are or were in a relationship that was essentially a marriage without the license, the new palimony law is lurking behind you. New Jersey had always held that, regardless of the license, if a romantic relationship had developed into essentially a marriage, that, if and when the relationship ended, depending on the circumstances, one partner could be ordered to pay a type of alimony to the aggrieved party. Two years ago that changed, and, in commemoration of its two year anniversary, Simon Law Group wanted to bring it to New Jerseyians' attention. The new palimony law requires that any promises for financial support be express, written, and done so under independent advice of counsel. That means, if you are not married but live as though you are, in the event of a break-up, the person who was promised to be cared for will have no recourse unless both partners had signed an agreement stating such and only after the advice of counsel. The law is relatively new and has had little treatment in the courts so check back with the Simon Law Group for updates!

We know the importance of learning about the situation so we can provide you with only the advice you truly need, in order to meet the goals you’ve set. That means the first thing we do is listen to you. This is your case and your life, not ours. By understanding our clients concerns, questions and fears, only then can we provide you with the information and options that best fit your situation. Ultimately, you make the decisions after listening to our advice regarding possible outcomes.

EMANCIPATION

Emancipation in New Jersey

Emancipation of a minor is a legal instrument by which a minor is removed from control by his or her parents or guardians, and the parents or guardians are removed from any and all responsibility toward the child. Until emancipation is granted by a Court, the minor is still subject to the rules of their parents and/or guardians. In certain circumstances, emancipation can be granted without the court granting when the minor is bound to make a decision for themselves in the absence of their parents (who may be already dead or who may have abandoned the minor).

A minor is considered emancipated from his or her parents when the minor:

§  has been married;

§  has entered military service;

§  has a child or is pregnant; or

§  has been previously declared by a court or an administrative agency to be emancipated.

How old do you have to be to become emancipated?

A child 16 or over can request emancipation.

What steps can I do to start the process?

Gain legal employment to earn a living.  This will show the minor can support her/himself.

Call today to speak with a NJ Attorney to find out more about emancipation and guide you through the process 800-709-1131

HOW TO MANAGE CHILD SUPPORT

CHILD SUPPORT

Child Support is NOT intended for your ex-spouse. It is the right of your child(ren). New Jersey maintains a complex equation based on the respective assets and debts of each spouse.  While this seems relatively straight forward, the law leaves open to interpretation just how long child support will be required.

 Most people don’t realize that in New Jersey, child support does not automatically end when a child reaches 18. Child support often continues until the child finishes college. Since emancipation in New Jersey is not automatic, a person paying child support must formally apply to the Court to emancipate the child to end the support obligation. In determining whether to emancipate, the Court will consider such factors as whether or not the child is a full time college student, whether the child is progressing satisfactorily through college, the age of the child, whether or not the child is working or should be working, and any special needs which the child may have.       

 Emancipation: Emancipation of a child means that the parents no longer bear the burden of supporting the child. All financial duties and obligations cease. However, In New Jersey, there is no set age or condition that triggers emancipation. A complicated, case by case analysis of the child’s circumstances is the process by which New Jersey will release a parent from their child support obligations.